Transfer of plot from Mother
Querist :
Anonymous
(Querist) 15 March 2011
This query is : Resolved
Hi,
I would like to buy an NA plot of about 2000 sqft on the outskirts of Latur. I am in US, so for now I would like to register it on my mothers name who is in India. Later, if I have to transfer that plot on my name, how much would I have to pay the stamp duty and registration charges? Is there a better alternative to that like sending POA?
Thanks,
Anil
Kirti Kar Tripathi
(Expert) 15 March 2011
You can buy the plot in your mother name and get transferred in your name later on. The said transfer can be through various mode i.e. through will or gift or by relinquishment or by making registered deed. Expenses in every mode differs from other and also vary time to time on the basis of circle rate of land fixed by the State Government time to time. The exact position of expenses can be ascertained from the Registrar office of the area at the time of transferring the land.
R.Ramachandran
(Expert) 15 March 2011
If your decision to register the land in your mother's land is purely on account of the fact that currently you are in U.S., that is not a good reason. For you can still have the land registered in your name, by appointing your mother or anybody else as your Power of Attorney to enter into the Sale Agreement. However, if your decision to buy the plot in your mother's name out of pure love, affection and regard and sentiment, then in that case, later on the plot can come to you, as rightly pointed out by Mr. Kirti Kar either by way of (i) WILL from your mother to you - which involves no cost whatsoever; or (ii) by way of Gift by your mother to you - which would involve stamp duty on the full value of the property on the date of such GIFT (this will push up your cost of land). The other alternative of relinquishment i.e. releasing her right in the land in your favour does not arise, since the release can be done only in favour of those who are already having a share in the property. Even in such a case, stamp duty is payable on the value of the share being released to you.
Guest
(Expert) 15 March 2011
there is also another way for the transfer that is through court and you can file a suit for declaration and the plot will be transferred in your name by decree.
Devajyoti Barman
(Expert) 15 March 2011
Yes, you yourself can buy the property through the POA in favour of your mother. The Constituted Attorney- your mother will represent you at the time of execution and registration of the deed of sale.
bhagwat patil
(Expert) 15 March 2011
POA is better option, you sign before Indian consulate in you town and send the same in India your mother will accept by signing before exe. magistrate and get the purchase deed done.
R.Ramachandran
(Expert) 15 March 2011
Dear Mr. Bishnoi,
Would he not be then incurring hefty court fee, and thereafter stamp duty for transfer of the plot in his name? Pl. clarify.
Guest
(Expert) 15 March 2011
a collusive decree suit can be filed in this case for the transfer from mother. no court fee is required at the time of such transfer from his mother. in this case only the fee is Rs 50 stamp fee, Rs 50 Process fee and no other fee is there.
Jitendar Kumar gupta
(Expert) 15 March 2011
got prepared the power of attorney in favor of your mother and get it attested by notary public and counter signed by Indian Embassy consulate and send to your mother and your mother shall purchase the property in your name in India. you can askany kind of query at guptajkin@yahoo.co.in
call at 09868529732
ESTHERPRIYA
(Expert) 21 March 2011
Kindly confirm whether you are an NRI. If you are an NRI you cannot buy agricultural land in India. SO you have to furnish all amount and fund the transaction and register the same in your mom's name and then you can get a POA from your mother. You have to make necessary deeds such as receipt and affidavit from your mom regarding the funding of transaction. In case you need any clarification contact us at -
M/s.S&P Law Associates
Law Firm at Chennai
Phone : 044 - 43302424
Cell: 9840729285
Email: sandplawassociates@gmail.com
Website: www.sandplawassociates.com
